section 16
General disqualifications for becoming a councillor
The Karnataka Municipalities Act, 1964Chapter II CONSTITUTION OF 1[MUNICIPAL AREAS]1
General disqualifications for becoming a councillor. (1) A person shall be disqualified for being chosen as, and for being, a councillor,— (a) if he has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months, provided that (1) the offence is one which involves moral turpitude and (2) such sentence has not been reversed or quashed or the offence pardoned; or (b) if he is convicted of an offence under the provisions of the Untouchability Offences Act, 1955 (Central Act 22 of 1955) or the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954); or (c) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule to the Constitution of India, or of any local or other authority subject to the control of any of the said Governments other than such offices as are declared by rules made under this Act not to disqualify the holder; or (d) if he has been dismissed from service under a local authority or Government service; or (e) if, having been a legal practitioner, he has been dismissed or suspended from practice by order of a competent authority the disqualification in the latter case being operative during the period of such suspension; or (f) if he has been removed from office under section 41 of this Act; or (g) if he is unsound mind and stand so declared by competent court; or (h) if he is an undischarged insolvent; or (i) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; or (j) if he is so disqualified by or under any law for the time being in force for the purpose of election to the State Legislature: Provided that no person shall be disqualified on the ground that he is less than twenty-five years, if he has attained the age of twenty-one years. (k) if, save as hereinafter provided, he has directly or indirectly by himself or his partner any share or interest in any work done by order of the municipal council, or in any contract or employment with or under, or by or on behalf of the municipal council; or (l) if he is employed as paid legal practitioner on behalf of the municipal council or accepts employment as legal practitioner against the municipal council; or (m) if he is a licensed surveyor, or plumber or water supply contractor of the municipal council or is a partner of a firm of which any such licensed person is a partner; or (n) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the municipal council within three months after a notice in this behalf has been served upon him; or (o) if he has in proceedings questioning the validity or regularity of an election been found to have been guilty of,— (i) any corrupt practice, or (ii) any offence punishable under section 171-E or section 171-F of the Indian Penal Code, or any offence punishable under section 36 or clause (a) of sub-section (2) of section 37 of this Act, unless a period of five years has elapsed since the date of the finding, or the disqualification has been removed by order by the Government: Provided that,— (a) the disqualification in sub-clause (b) shall cease to operate after the expiry of the period during which a person is ordered to furnish security; (b) a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of his receiving,- (i) any pension, or (ii) any allowance or facility approved by the Government for serving as president or vice-president or as councillor; (c) the disqualification in clauses (a), (d) and (f) shall cease to operate after the expiry of four years from the date of such sentence, dismissal, or removal or earlier by an order of the Government; (d) a person shall not be deemed to have incurred disqualification under sub-clause (k) by reason of his,—
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